M.D.Bhatt, J - (1.)This is the appeal of the accused Laxman who, on his conviction under Section 302 Indian Penal Code, has been sentenced to imprisonment for life and further on his conviction under Section 394 read with Section 397 of the Indian Penal Code, has been sentenced to seven years R.I. with the direction for the concurrent running of These sentences.
(2.)On or about 20.12.1979, Kalicharan of village Kedarpur Khurd, now deceased, who had his sweet-meat shop, had gone to Ramgarh market with his mobile shop. After the market, he started for his home on a horse. He, however, never reached home. His wife, on getting worried, asked her relation P.W. 1 Sillu to look for his husband. In between the villages Amavoh and Kedarpur, Kalicharans dead body was seen in a field near Narayan Pur a few yards away from the village track. Earlier, his horse had been seen grazing all alone in some other field. The police was accordingly apprised. FIR was got recorded. The appellant - accused was apprehended by the police on suspicion on 17.1.1980. Consequent to the information furnished by him, the deceased's coat (Art. H) was recovered and seized from a pit close to palash trees and a little away from a triangle of village track. Equally on the information furnished by him, one brass copar (Art G) was recovered and seized at Jabalpur from the utensil-shop of P. W. 2 Anil kumar to whom the said copar had been sold on 22.12.1979. The name of the deceased was found engraved over the copor. The copar was identified by the deceaseds. daughter-in-law P.W. 16 Kamlabai. The deceaseds coat was equally got identified by her and some others. On the post-mortem of the dead body, death of Kalicharan was found to be caused by strangulation. The appellant accused was, hence, put up for trial. He abjured the guilt and claimed to be falsely implicated. No evidence was adduced in defence. The trial Court, solely relying on the deceaseds articles recovered and seized at the appellant accuseds instance, convicted and sentenced the appellant-accused to the extent as stated at the outset. Hence, now, his present appeal.
(3.)Shri Datt, learned counsel for the appellant-accused, bas urged that there is no material to indicate as to on what basis the police investigating, officer P. W. 17 Ishdutt had apprehended the appellant-accused. It is also urged that in the memorandum of discovery and the two seizure memos pertaining to the coat and copar are not duly proved and are not free from suspicion. III this connection, it is further argued that even recovery of these articles at the appellant-accused's instance was not sufficient enough to pin down the crime of robbery and murder on him and, at worst, he could be presumed to be a receiver of stolen articles and nothing beyond.